Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Demand of dowry - Death occurred within 7 years of marriage of deceased - PWs admitted that at first instance they did not state before police about demand of dowry by accused and no independent witness has come forward to support prosecution's case - PWs 1 to 3 have not..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Maintenance can be granted u/s 125 Cr.P.C. and u/s 24 Hindu Marriage Act and under Domestic Violence Act - Maintenance cannot be claimed in all the three provisions at a time if she/he gets sufficient maintenance in one of the proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already getting Rs.10,000/- as maintenance under PWDV Act - However, wife not getting any amount to meet out expenses of proceeding - Counsel fee quantified at Rs.10,000/- and miscellaneous expenses at Rs.5000/- - Application u/s 24 of the Act partly allowed directing husband to pay Rs.15,000/- to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Short term parole bail - Cheating - Accused seeking short term bail on ground of marriage of his daughter, as his presence at the time of his daughter is must - Short term bail for three days granted to accused for performing marriage rituals of his daughter...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Charge of cruelty not made out from the instances cited by husband - All six counts of charge of cruelty were in itself not only unsubstantiated and taken together also, did not constitute any such act of cruelty by wife against husband - On the contrary wife having suffered cruelty..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband initially filed petition u/s 9 of the Act which was permitted to be withdrawn when wife set in motion criminal action - Allegations of cruelty are subsequent to filing of petition u/s 9 of the Act by husband - Contention of wife that application filed u/s 9 of the Act itself..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Hurling of false accusation which ended in acquittal of husband, amounts to cruelty against husband within meaning of S.13(1)(ia) of the Act - Divorce rightly granted in favour of husband...........
